The following terms and conditions (these “Terms of Service”), govern your access to and use of the Wecreate website, including any content, functionality and services offered on or through www.wecreateplatform.com (the “Site”), by Wecreate (makers/creators, St. Jacobsstraat 125, 3511 BP Utrecht), as applicable (collectively, “Wecreate” “we” or “us”).
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Site.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Wecreate services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Buyers are users who purchase services on Wecreate.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on Wecreate.
Wecreate Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Wecreate Credits are credits that Wecreate may provide users to be used only for purchases on Wecreate, subject to these Terms of Service or any other applicable laws and/or terms.
Content Gig Extra services are additional services offered on top of the Seller’s Content Gig for an additional price defined by the Seller.
Content Gig Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over €5.
Content Gig Page is where the Seller can describe their Content Gig and the Gig’s terms, and the Buyer can purchase the Content Gig and create an order.
Content Content Gigs are services offered on Wecreate.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Content Gig.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Content Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Wecreate platform, including with respect to collection of funds from Buyers in connection with the purchase of Content Gigs, remittance and withdrawal of funds to Sellers in connection with completed Content Gigs, and the holding of funds in connection with Wecreate Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Content Gigs on Wecreate, subject to these Terms.
Sellers are users who offer and perform services through Content Gigs on Wecreate.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Wecreate. Registration is free.
- Content Gigs on Wecreate may be offered at a base starting price of €5. Some Content Gigs are offered at a base price of more than €5 as determined by the Seller.
- Buyers pay Wecreate in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through Wecreateplatform.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Content Gig page. Note: some Gigs charge additional payments (through Content Gig Extras) for Commercial Use License.
- Wecreate retains the right to use all published delivered works for Wecreate marketing and promotion purposes.
- Sellers create Content Gigs on Wecreate to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Content Gigs.
- Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Wecreate Balance.
- Sellers may not promote their Content Gigs or any Wecreate content via the AdWords platform.
- Sellers may withdraw their revenues using one of Wecreate withdrawal options.
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, Wecreate may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Wecreate accounts to a single withdrawal provider.
- Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Content Gig price shown on the Content Gig page is inclusive of all such taxes and charges that may apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints Wecreate as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Wecreate shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Wecreate (or its Payment Services Provider, as applicable), and Wecreate (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Wecreate (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Wecreate and not the Buyer directly. Seller agrees that Wecreate may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Wecreate may deem necessary or prudent.
- Wecreate partners with Payment Services Providers for purposes of collecting Content Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Wecreate platform are performed by Wecreate Payment Services Providers.
- Content Gigs created on Wecreate are User Generated Content.
- Content Gigs may be removed by Wecreate for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Content Gigs
- Spam, nonsense, or violent or deceptive Content Gigs
- Content Gigs misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Content Gigs
- Content Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Content Gigs that are removed for violations are not eligible to be restored or edited.
- Content Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- Content Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Wecreate Terms of Service, will be removed.
- Content Gigs are required to have an appropriate Content Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Content Gig images. Recurring deliveries that don’t match the quality shown on the Content Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Content Gigs may contain an approved Content Gig Video uploaded through the Content Gig management tools available on Wecreate.
- Statements on the Content Gig Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Content Gigs in select Categories may set up Content Gig Packages to offer their services in structured formats with multiple price points for the selected Content Gig.
Content Gig Extras
- Content Gig Extras are additional services offered on top of the Seller’s Content Gig for an additional price defined by the Seller.
- Content Gig Extras may be removed for violations of our Terms of Service. For specific terms, please see the Content Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Content Gig Extras.
- The amount of Content Gig Extras, which can be offered, and the price for each Content Gig Extra, is based on your Seller Level.
- Services offered through Content Gig Extras must be related to the base service and part of the deliverables on the order.
- Content Gig Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an order for each Content Gig Extra that is added to the order. This is to cover the time needed to complete the extra service.
Top Rated Sellers
- Top Rated Sellers are chosen manually by Wecreate editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by Wecreate to ensure that the quality standards and expectations of the Top Rated selection is kept. Wecreate retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.
Wecreate Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Wecreate’s Terms of Service.
Shipping Physical Deliverables
Some of the services on Wecreate are delivered physically (arts and crafts, collectable items, etc.). For these types of Content Gigs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Content Gigs that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Content Gig only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Content Gigs that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- Wecreate does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.
- To withdraw your revenue, you must have an account with at least one of Wecreate’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Wecreate’s Payment Services Provider. All payment services, including withdrawal services will be provided by Wecreate’s Payment Services Provider.
- Your Wecreate profile can be associated with only one account from each Wecreate withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Wecreate profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- You may not offer direct payments to Sellers using payment systems outside of the Wecreate Order system.
- Wecreate retains the right to use all publicly published delivered works for Wecreate marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Wecreate must be an allowed service on Wecreate. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Wecreate.
- Buyers pay Wecreate to create an order from a Seller’s Content Gig page or Custom Offer, using the Order Now button. Wecreate partners with Payment Services Providers for purposes of collecting Content Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Wecreate Balances. All payments services in connection with the collection of funds on the Wecreate platform are performed by Wecreate Payment Services Providers.
- Wecreate serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Wecreate (or its Payment Services Provider, as applicable), and Wecreate (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Wecreate (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Wecreate and not the Buyer directly.
- In addition Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
- In most locations, Content Gigs may be purchased on Wecreate by using one of the following payment methods: Credit Card, PayPal, iDEAL, Wecreate Credits or existing Wecreate Balance.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees.
- Your existing Wecreate Balance will be automatically applied to your next purchase.
- You may not offer Sellers to pay, or make payment using any method other than through the Wecreateplatform.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- By using any payment method and/or providing payment details for making purchases on Wecreate, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Wecreate; and (d) such actions do not violate any applicable law.
- Buyers may pay on Wecreate in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in EUR€ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- Buyers should note that the Content Gigs’ pricing is derived always from their original EUR€ price and, therefore, non-EUR€ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in EUR€ by changing their selected displayed currency.
- If you paid for an Order in a currency other than EUR€ and your Order was later cancelled for any reason, the amount returned to your Wecreate Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same EUR€ value.
- Your Wecreate Balance is always valued in EUR€, even if it is displayed in a non-EUR€ currency. Therefore, should you choose to view your Wecreate Balance in any currency other than EUR€, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same EUR€ value. Users always have the option to view their Wecreate Balance in EUR€ by changing their selected displayed currency.
- Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Content Gig price shown on the Content Gig page.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Content Gig.
- Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
- An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Wecreate’s Customer Support department for assistance here.
- When a Buyer orders a Content Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Content Gigs. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Wecreate will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Content Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an order are an essential part of Wecreate rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Wecreate platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Wecreate platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Content Gig page. Buyers have the option not to include a comment, but still rate the service.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Content Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Content Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
- Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Wecreate’s Customer Support department for assistance here.
- Order cancellations can be performed on Wecreate, when eligible, by Customer Support per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- Wecreate, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Content Gig and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Wecreate Balance.
- Revisions to deliveries can be performed by Sellers based on the Seller’s Content Gig and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order page while the order is marked as Delivered.
- Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Wecreate encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to Wecreate to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Wecreate delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Wecreate Balance and will be deducted from the Seller’s Wecreate Balance or, if there are no sufficient amounts in the Seller’s Wecreate Balance, from future revenues of such Seller.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Content Gig page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
- Buyers must use Wecreate Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Wecreate.
- Any non-permitted usage of Wecreate encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Wecreate’s Terms of Service.
- Wecreate Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Wecreate)
- The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
- The user is no longer an active Wecreate user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the Wecreate platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Seller’s Content Gig page and cannot be retroactively included once the order is completed for over 14 days.
- Wecreate Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Wecreate)
- Wecreate does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Wecreate Balance and are available for future purchases on Wecreate. Until January 1, 2019, funds returned to your Wecreate Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Wecreate returns service fees to your Wecreate Balance once an order is cancelled. In any event, if the service fees were not returned to your Wecreate Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Wecreate.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
- In certain instances, Wecreate may offer You credits (“Wecreate Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Content Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Wecreate Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Wecreate Credits are subject to different time limitations and will expire after their predefined term. Wecreate Credits serve only as an incentive to use Wecreate, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Wecreate Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Wecreate reserves the right to modify or cancel the Wecreate Credits program at any time. If you or Wecreate deactivate or suspend your Wecreate account, any unused Wecreate Credits in your account will be forfeited.
User Conduct and Protection
Wecreate enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Wecreate reflect the diversity of an expanding Content Gig economy. Members of the Wecreate community communicate and engage through orders, social media, and on Wecreate’s Community Forums.
Wecreate maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Wecreate. This section relates to the expected conduct users should adhere to while interacting with each other on Wecreate.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Wecreate in order to circumvent or abuse the Wecreate messaging system or Wecreate platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- Wecreate does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
- Wecreate does not provide protection for users who interact outside of the Wecreate platform.
- All information and file exchanges must be performed exclusively on Wecreate’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Wecreate is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Wecreate to contract, engage with, or pay outside of Wecreate.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Wecreate reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Wecreate (or one of Wecreate’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
- Users may report Content Gigs to Customer Support that may be in violation of Wecreate’s Terms of Service based on the reported Content Gig’s replicated similarity to pre-existing services (copycat Content Gigs).
- Sellers warrant that any content included in their Content Gigs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Content Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Content Gigs.
- Wecreate will respond to clear and complete notices of alleged copyright or trademark infringement.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Wecreate does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Wecreate should be friendly, constructive, and professional. Wecreate condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Wecreate takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Content Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Wecreate will not be protected by our Terms of Service.
Authentic Wecreate Profile – You may not create a false identity on Wecreate, misrepresent your identity, create a Wecreate profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Wecreate reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Wecreate will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use Wecreate for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Wecreate community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Wecreate’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Wecreate. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Wecreate accounts.
The Site, including its general layout, design and content, is exclusively owned by Wecreate and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Wecreate reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of Wecreate’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Wecreate.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Wecreate’s approval.
- Disputes should be handled using Wecreate’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Wecreate Customer Support.
- Wecreate may make changes to its Terms of Service from time to time. When these changes are made, Wecreate will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Wecreate after the date on which the Terms of Service have changed, Wecreate will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Wecreate by our users (Buyers and Sellers) is User Generated Content. Wecreate does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Wecreate is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Content Gigs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Content Gigs service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Wecreate. Sellers advertising their Content Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Content Gig and may lead to the suspension of Seller’s account.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Content Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Dutch De Auteurswet. In the event the delivered work does not meet the requirements of work-for-hire or when De Auteurswet does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Content Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Content Gigs (including for custom created work) charge additional payments (through Content Gig Extras) for a Commercial Use License. This means that if you purchase the Content Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Content Gig Extra and will have broader rights that cover your business use.
For Voice Over Content Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Content Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Content Gig Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Wecreate, including Content Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Wecreate for no consideration for marketing and/or other purposes.
When purchasing a Voice Over Content Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Wecreate’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Wecreate will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Wecreate’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Wecreate will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WECREATE NOR ANY PERSON ASSOCIATED WITH WECREATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.